A defendant shall be punished by imprisonment for six months and a fine of one million won.

The above fine shall be imposed on the defendant.

A. The misapprehension of the legal principle and the violation of the National Sports Promotion Act are concurrent crimes, not a single comprehensive crime.

B. The sentence of the lower judgment on the Defendant’s unfair sentencing (six months of imprisonment and two years of suspended execution) is too uneasible and unfair.

2. Determination-Lietio crime is recognized in cases where the benefit and protection of each act is the same. Unlike gambling crime, the crime of violating the National Sports Promotion Act is a legitimate duty of the National Sports Promotion Corporation. Thus, the crime of violating the National Sports Promotion Act and gambling crime are not a single crime but a concurrent crime under the former part of Article 37 of the Criminal Act.

Therefore, the court below judged that the crime of violating the National Sports Promotion Act and gambling is an inclusive crime, and there is an error of misunderstanding the legal principles.

3. As such, the prosecutor’s appeal claiming a misapprehension of the legal principle is with merit, and the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the prosecutor’s allegation of unfair sentencing, and it is so decided as

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 48 Subparag. 1, and Article 26(1) of the former National Sports Promotion Act (amended by Act No. 12348, Jan. 28, 2014) (amended by Act No. 12348, Jan. 28, 2014) regarding criminal facts

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62(1) of the Criminal Act (i.e., the fact that the defendant recognized the crime of this case and is against the defendant, and that the defendant does not have the same criminal record).